ARRIVAL COMMUNICATIONS, INC. Page 1 LONG DISTANCE MESSAGE TELECOMMUNICATIONS SERVICE RATES, TERMS, AND CONDITIONS

Size: px
Start display at page:

Download "ARRIVAL COMMUNICATIONS, INC. Page 1 LONG DISTANCE MESSAGE TELECOMMUNICATIONS SERVICE RATES, TERMS, AND CONDITIONS"

Transcription

1 ARRIVAL COMMUNICATIONS, INC. Page 1 LONG DISTANCE MESSAGE TELECOMMUNICATIONS SERVICE RATES, TERMS, AND CONDITIONS This tariff applies to Long Distance Message Telecommunications Service furnished for interstate telecommunications in accordance with the Communications Act of 1934, as amended. Service is provided between points within the United States.

2 ARRIVAL COMMUNICATIONS, INC. Page 2 CONCURRING CARRIERS...3 CONNECTING CARRIER...3 OTHER PARTICIPATING CARRIERS...3 EXPLANATION OF SYMBOLS...3 EXPLANATION OF ABBREVIATIONS APPLICATION OF TARIFF REGULATIONS Undertaking of the Company Scope Shortage of Facilities Liability of the Company Claims Provision of Equipment and Facilities Prohibited Uses Obligations of the Customer Customer Premises Provisions Liability of the Customer Use of Service Customer Equipment and Channels Interconnection of Facilities Inspections Payment Arrangements Payment for Service Discontinuance of Service for Cause Definitions SERVICE OFFERINGS Interstate Message Telecommunications Service (a) Description of Services (b) Explanation of Rates (c) Classes of Service (a) Dial Station Service Rates (b) 800 Service Calling Card Minimum Monthly Usage Charge MISCELLANEOUS SERVICES Universal Service Fund Contribution Presubscribed Interexchange Carrier Pass-Through Charge...19

3 ARRIVAL COMMUNICATIONS, INC. Page 3 CONCURRING CARRIERS No Concurring Carriers CONNECTING CARRIERS No Connecting Carriers OTHER PARTICIPATING CARRIERS No Other Participating Carriers EXPLANATION OF SYMBOLS C - to signify a changed regulation D - to signify a discontinued rate or regulation I - to signify a rate increase M - to signify a matter moved or relocated without change N - to signify a new rate or regulation R - to signify a reduction S - to signify a reissued matter T - to signify a change in text but no change in rate or regulation Z - to signify a correction EXPLANATION OF ABBREVIATIONS Company - Arrival Communications, Inc. STD. - Standard DIS. - Discount ECO. - Economy

4 ARRIVAL COMMUNICATIONS, INC. Page 4 1. APPLICATION OF RATES, TERMS, AND CONDITIONS This tariff contains the regulations and rates applicable to the provision of Long Distance Message Telecommunications Service by Arrival Communications, Inc. (hereinafter referred to as the Company), from its operating location(s) in the United States as specified in Section 3.1.1(a). Service is furnished subject to transmission, atmospheric and like conditions.

5 ARRIVAL COMMUNICATIONS, INC. Page 5 2. REGULATIONS 2.1 Undertaking of the Company Scope The Company undertakes to provide Long Distance Message Telecommunications Service in accordance with the terms and conditions set forth in this tariff Shortage of Facilities All service is subject to the availability of suitable facilities. The Company reserves the right to limit the length of communications or to discontinue furnishing services when necessary because of the lack of satellite of other transmission medium capacity or because of any causes beyond its control Liability of the Company (A) (B) Except as stated in this Section 2.1.3, the Company shall have no liability for damages of any kind arising out of or related to events, acts, rights, or privileges contemplated in this tariff. This tariff does not limit the liability of the Company for willful misconduct. The liability of the Company for damages resulting in whole or in part from or arising in connection with the furnishing of service under this tariff, including but not limited to mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations shall not exceed an amount equal to five times the initial minute charge provided for under this tariff for the interstate long distance call for the period during which the call was affected. No other liability in any event shall attach to the Company.

6 ARRIVAL COMMUNICATIONS, INC. Page 6 2. REGULATIONS 2.1 Undertaking of the Company Liability of the Company (C) (D) The Company shall not be liable for any failure of performance hereunder due to causes beyond its control, including but not limited to acts of God, fires, flood or other catastrophes; any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over the Company, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars or other labor difficulties. The Company shall not be liable for any act or omission of any other entity furnishing to the Customer facilities, equipment, or services used with the Company's Long Distance Message Telecommunications Service. Nor shall the Company be liable for any damages or losses due to the failure or negligence of the Customer or due to the failure of Customer-provided equipment, facilities or services Claims The Company shall be indemnified and saved harmless by the Customer from and against all loss, liability, damage and expense, including reasonable counsel fees; due to claims for libel, slander, or infringement of copyright in connection with the material transmitted over the Company's facilities, and any other claim resulting from any act or omission of the Customer or patron(s) of the Customer relating to the use of the Company's facilities.

7 ARRIVAL COMMUNICATIONS, INC. Page 7 2. REGULATIONS 2.1 Undertaking of the Company Provision of Equipment and Facilities (A) (B) Except as otherwise indicated, customer-provided station equipment at the Customer's premises for use in connection with this service shall be so constructed, maintained and operated as to work satisfactorily with the facilities of the Company. The Company shall not be responsible for the installation, operation or maintenance of any Customer provided communications equipment. Where such equipment is connected to service furnished pursuant to this tariff, the responsibility of the Company shall be limited to the furnishing of services under this tariff and to the maintenance and operation of such services in the proper manner. Subject to this responsibility, the Company shall not be responsible for: 2.2 Prohibited Uses (1) the through transmission of signals generated by Customerprovided equipment or for the quality of, or defects in, such transmission; or (2) the reception of signals by Customer-provided equipment; or (3) network control signaling where such signaling is performed by Customer-provided network control signaling equipment. Long Distance Message Telecommunications Service shall not be used for any unlawful purpose.

8 ARRIVAL COMMUNICATIONS, INC. Page 8 2. REGULATIONS 2.3 Obligations of the Customer Customer Premises Provisions (A) (B) The Customer shall provide the personnel, power and space required to operate all facilities and associated equipment installed on the premises of the Customer. The Customer shall be responsible for providing Company personnel access to premises of the Customer at any reasonable hour for the purpose of testing the facilities or equipment of the Company Liability of the Customer 2.4 Use of Service The Customer will be liable for damages to the facilities of the Company caused by negligence or willful acts of its officers, employees, agents or contractors of the Customer. Long Distance Message Telecommunications Service may be used to transmit communications of the Customer in a manner consistent with the terms of this tariff and the policies and regulations of the Federal Communications Commission. Use of Long Distance Message Telecommunications Service is considered an order for such service.

9 ARRIVAL COMMUNICATIONS, INC. Page 9 2. REGULATIONS 2.5 Customer Equipment and Channels Interconnection of Facilities (A) (B) Interconnection between Customer-provided and Company-provided service must be made by the Customer by leased channel or dial-up service. Where interconnection between Customer-provided and Company-provided service is not made by lease of Company facilities, interconnection must be made by the Customer at the Company's operating offices. Leased channels obtained from the Company for Long Distance Message Telecommunications Services are domestic leased channels and are not covered by this tariff. In order to protect the Company's facilities and personnel and the services furnished to other customers by the Company from potentially harmful effects, the signals applied to the Company's service shall be such as not to cause damage to the facilities of the Company. Any special interface equipment necessary to achieve the compatibility between facilities of the Company and the channels or facilities of others shall be provided at the Customer's expense.

10 ARRIVAL COMMUNICATIONS, INC. Page REGULATIONS 2.5 Customer Equipment and Channels Inspections (A) (B) The Company may, upon notification to the Customer, at a reasonable time, make such tests and inspections as may be necessary to determine that the requirements regarding the equipment and interconnections are being complied with in the installation, operation and maintenance of Customer-provided equipment and in the wiring of the connection of Customer channels to Company-owned facilities. If the protective requirements in connection with Customer-provided equipment are not being complied with, the Company may take such action as necessary to protect its facilities and personnel and will promptly notify the Customer by registered mail in writing of the need for protective action. In the event that the customer fails to advise the Company within 10 days after such notice is received or within the time specified in the notice that corrective action has been taken, the Company may take whatever additional action is deemed necessary, including the suspension of service, to protect its facilities and personnel from harm. The Company will upon request 24 hours in advance provide Customer with a statement of technical parameters that the Customer's equipment must meet.

11 ARRIVAL COMMUNICATIONS, INC. Page REGULATIONS 2.6 Payment Arrangements Payment for Service (A) (B) The Customer is responsible for payment of all charges for facilities and services furnished by the Company. Federal, state and local sales, use and excise taxes, where applicable, shall be added to the charges contained herein. It shall be the responsibility of the Customer to pay these taxes and to accept the liability of any such unpaid taxes that may subsequently become applicable retroactively. Bills are due and payable upon receipt. If the Customer's net bill is not paid (payment received by the Company) within thirty (30) days after the invoice date listed on the bill it shall become a delinquent bill and interest at the lesser of (1) the rate of one and one-half percent (1.5%) per month or (2) the highest rate allowed by law per month shall accrue upon any unpaid amount. If the Company initiates legal proceedings to collect any amount due hereunder and the Company substantially prevails in such proceedings then the defendant Customer shall pay the reasonable attorney's fees and costs of the Company in prosecuting such proceedings and appeals therefrom. (C) The Customer will be assessed a charge of twenty-five dollars ($25.00) for each check submitted by the Customer to the company which a financial institution refuses to honor for insufficient funds or non-existent account. (D) Customers are responsible for any previously unbilled charge for services furnished prior to three months immediately preceding the date of the bill, except for collect calls, credit card calls, third party calls and "Error File" calls (those which cannot be billed due to the unavailability of complete billing information to the company) which shall have a six-month back billing period. In case of fraud, a back billing period of no more than three years will apply.

12 ARRIVAL COMMUNICATIONS, INC. Page REGULATIONS 2.6 Payment Arrangements Discontinuance of Service for Cause Upon non-payment of any sum owing to the Company for more than 30 days beyond the date of rendition of the bill for service or upon violation of any of the terms or conditions governing the furnishing of service under this tariff, the Company may, after 24 hours advance notice in writing to the Customer, without incurring any liability, discontinue the furnishing of service under this tariff. These restrictions on Long Distance Message Telecommunications Services may include, but are not limited to, the following: the Company may withhold the use of a specific 800 number or deny its transfer to another carrier for nonpayment of charges due as specified in 2.6.1, "Payment for Service," preceding. Such action may be taken without written notice being sent to the Customer. Upon payment of charges by the Customer this restriction on the use of a specific 800 number will be removed.

13 ARRIVAL COMMUNICATIONS, INC. Page REGULATIONS 2.7 Definitions Access Line: A transmission path that connects a Customer premise to a Local Exchange Carrier's Central Office. Call: A completed connection established between a calling station and one or more called stations. Called Station: The state (i.e., telephone number) called, or the terminating point of call. Calling Card: A card assigned by the company which enables users to bill telephone calls to their company long distance account. Company: The term "Company" denotes American Communications Network, Inc. Customer: The person or legal entity that orders long distance service (either directly or through an agent) or is responsible for payment of tariffed charges for services furnished to that customer. Premises: A building on continuous property not separated by a public thoroughfare. United States The term "United States" designates the forty-eight (48) contiguous states and the District of Columbia, Hawaii, Alaska, Puerto Rico, the U.S. Virgin Islands, as well as the off-shore areas outside the boundaries of the coastal states of the forty-eight contiguous states to the extent that such areas appertain to and are subject to the jurisdiction and control of the United States.

14 ARRIVAL COMMUNICATIONS, INC. Page SERVICE OFFERINGS 3.1 Interstate Message Telecommunications Service 3.1.1(a) Description of Services Interstate Message Telecommunications Service consists of the furnishing of switched message telephone service between points within the United States Mainland; and between the Mainland and Alaska and Hawaii. Such service is available twenty-four (24) hours a day, seven (7) days a week. The Company maintains its headquarters in Bakersfield, California (b) Explanation of Rates for Interstate Message Telecommunication Service The rates for the Company's Interstate Message Telecommunications Service will depend on the length of the call and the class of service applicable to the call. Rates apply to all days, all hours. The following Rate Schedule in Section 3.1.2(a) and 3.1.2(b) represents the maximum applied rate for Interstate services. The Company may request any customer to pay in advance for toll services based on a good faith estimate of traffic volumes. At the Company's discretion a surcharge of 10% may be added to usage charges when actual traffic exceeds estimates. When estimates exceed actual usage, the customer will be credited on the toll statement (c) Classes of Service The Company provides the following classes of service: Direct Dial Inbound 800

15 ARRIVAL COMMUNICATIONS, INC. Page SERVICE OFFERINGS 3.1 Interstate Message Telecommunications Service 3.1.2(a) Dial Station Service Rates 1. Multi Rate Switched Access Calling Plans Multi Rate Switched Access Calling Plans are distance and timeof-day insensitive long distance services. Customers are presubscribed to the Company's network or that of its underlying carrier. Calls are placed via Switched Access. Billing increments vary by rate plan. All partial billing increments will be rounded up to the next whole increment. Rates for Multi Rate Switched Access Calling Plans vary by domestic jurisdiction (i.e., interstate, intrastate interlata, and intrastate intralata). Rates also vary by the anticipated or committed monthly billing for all long distance services provided by the Company to the Customer. The Company reserves the right to evaluate actual customer usage volumes and disqualify from certain rate plans subscribers who consistently fall below established usage thresholds. Rate Plan Initial/Add l Increments Interstate Rate Rate Plan Intrastate InterLATA Rate Intrastate IntraLATA Rate 39 18/6 sec $0.090 see state tariff see state tariff 99 18/6 sec $0.100 see state tariff see state tariff 60 18/6 sec $0.090 see state tariff see state tariff /6 sec $0.110 see state tariff see state tariff 36 18/6 sec $0.130 see state tariff see state tariff 37 18/6 sec $0.130 see state tariff see state tariff /6 sec $0.140 see state tariff see state tariff 16 30/6 sec $0.140 see state tariff see state tariff 31 18/6 sec $0.150 see state tariff see state tariff 12 18/6 sec $0.150 see state tariff see state tariff 17 18/6 sec $0.160 see state tariff see state tariff /6 sec $0.170 see state tariff see state tariff 8 30/6 sec $0.170 see state tariff see state tariff Material previously located on this page now appears on Page 16.1.

16 ARRIVAL COMMUNICATIONS, INC. Page SERVICE OFFERINGS 3.1 Interstate Message Telecommunications Service 3.1.2(a) Dial Station Service Rates Anticipated/Committed Monthly Long Distance Revenue 1. Multi Rate Switched Access Calling Plans Qualification Table Available Plans More than $250 94, 39, 99, 60, 333, 36, 37, 332, 16, 31, 12, 17, 308, 8 More than $100 39, 99, 60, 333, 36, 37, 332, 16, 31, 12, 17, 308, 8 More than $75 333, 36, 37, 332, 16, 31, 12, 17, 308, 8 More than $50 36, 37, 332, 16, 31, 12, 17, 308, 8 More than $25 332, 16, 31, 12, 17, 308, 8 no minimum threshold 17, 308, 8 Directory Assistance $1.10 per call

17 ARRIVAL COMMUNICATIONS, INC. Page SERVICE OFFERINGS 3.1 Interstate Message Telecommunications Service [For intrastate 800 rates see Cal. P.U.C. Schedule CLC 6-T] 3.1.2(b) 800 Service PRICE SCHEDULE Rate Table Initial Period in Seconds Rate for Initial Period Rate for Each Additional 6 Seconds AA BB CC DD

18 ARRIVAL COMMUNICATIONS, INC. Page SERVICE OFFERINGS 3.2 Calling Card Arrival s Calling Card Service allows customers to make long distance calls when they are away from home or the office, and the calls will be billed to their calling card. The cardholder can have domestic origination and international termination. International service is provided in conjunction with the Company s interstate domestic offering. The Calling Card service will be available anywhere in the continental US, using a single toll free number. It will also be available in Hawaii, Alaska, Puerto Rico and the US Virgin Islands. Domestic calls are billed in six (6) second increments after a thirty (30) second per call minimum. A. To points within the mainland United States, the District of Columbia, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. All plans, per minute rate $0.25 B. To Guam/CNMI All plans, per minute rate $0.25 Per call set-up (in addition to per minute rate) $ Minimum Monthly Usage Charge In addition to all other nonrecurring monthly recurring, or usage charges identified in Company tariffs, or tariff equivalents, a minimum monthly usage charge applies to accounts with total monthly long distance usage billing of less than $ The $10 minimum monthly usage charge is applied in lieu of accumulated long distance usage charges when such charges total less than $10 for the relevant billing period. This charge is crossjurisdictional, i.e., the charge will apply in connection with all relevant jurisdictions.

19 ARRIVAL COMMUNICATIONS, INC. Page MISCELLANEOUS SERVICES 4.1 Universal Service Fund Contribution In connection with the FCC's Universal Service Orders, Arrival will pay a percentage of its retail revenues to support the Universal Service Fund (USF). Arrival will pass-through the USF assessment to its customers by assessing an 10.5% surcharge applicable to all interstate and international end-user charges. This surcharge is in addition to standard tariffed usage charges and any applicable service charges and surcharges associated with the Company's service. 4.2 Presubscribed Interexchange Carrier Pass-Through Charge In connection with the FCC's Access Reform Orders, the Company assesses a Presubscribed Interexchange Carrier Charge (PICC). The PICC is a per line monthly charge applicable to all lines or trunks that are presubscribed to the Company or the Company's underlying carrier(s), regardless of the particular service or volume option selected by the Customer. No fractional debits or credits will be created for Customers subscribing to Arrival's services for a partial month. Rate Per Line Per Month (see Note on this page) Single-Line Business/Residential $ 0.53 Multi-Line Business (excluding Centrex) $ 2.60 Centrex $ 0.43 Note - Where information is insufficient for the Company to determine the type of line, the Company may default to the multiline rate for all lines including Centrex.